Ben Roberts-Smith to Remain in Custody as War Crimes Hearings Commence

April 8, 2026 AI

Former Australian SAS soldier and Victoria Cross recipient Ben Roberts-Smith will remain in jail, after failing to apply for bail at his first court appearance over five war crimes charges. The news comes as the decorated soldier faces allegations of murder in relation to incidents in Afghanistan between April 2009 and October 2012.

Prosecutors have brought five counts of war crime against Roberts-Smith, spanning his time as a member of the Australian special forces in Afghanistan. Despite being one of the country’s most decorated soldiers, he has consistently denied any wrongdoing.

Roberts-Smith was charged in relation to his time as a member of the elite Special Air Service Regiment (SAS) in Afghanistan. His charges include allegations of murder in the context of war, a serious offense under Australian law.

The former soldier’s decision not to apply for bail has seen him remain in custody, at least for the time being. It is unclear when he will be able to apply for bail or when his trial is set to take place. A full timeline of events has yet to be released by the court.

War crimes charges carry severe penalties in Australia, with conviction potentially resulting in lengthy prison sentences. The Australian government takes these allegations very seriously, and it is likely that the case will be closely followed by the public and media.

Roberts-Smith’s military career was marked by several high-profile commendations, including the Victoria Cross, Australia’s highest military honor. His recent charges have shed a new light on his experiences in Afghanistan and the allegations surrounding his time in the SAS.

Australia’s Department of Defence is now conducting an inquiry into allegations of war crimes committed by Australian special forces in Afghanistan, a key development in the case against Roberts-Smith. The investigation’s findings could have significant implications for the former soldier and other military personnel involved in the allegations.

As the case against Roberts-Smith continues to unfold, Australians will be watching closely for any updates on the trial and the potential consequences of his charges.

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